[L.L. No. 4-2009]
Finding that the purpose of this enactment serves a significant government interest, that the matter therein is content-neutral, that the guidelines on time, place and manner are also neutral and legitimate communication is not prohibited, the board of trustees intends by this local law to address throwaway plastic wrapped packages of unsolicited advertising circulars deposited on private property without the express consent of local residents.
[L.L. No. 4-2009]
(a) 
Definitions.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
(1) 
Which advertises for sale any merchandise, product, commodity, or thing;
(2) 
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly prompting the interests thereof by sales; or
(3) 
Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
NEWSPAPER
Any newspaper of general circulation, any newspaper duly entered with the U.S. Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NON-COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or a newspaper.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building, or other structure, designed or used in whole or part for residential purposes, whether inhabited or uninhabited, and shall include any yard, grounds, walk, driveway, driveway apron or entryway, porch, steps, vestibule, mailbox or similar receptacle belonging to, used by or appurtenant to such dwelling, house, building, or other structure.
PUBLIC PLACE
Any and all streets, boulevards, avenues, lanes, alleys, or other public or common ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.
(b) 
Throwing handbills in public places prohibited. It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within the municipality. Provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such handbill.
(c) 
Placing handbills in or upon vehicles prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this subsection shall not be deemed to prohibit the handing, transmitting or distributing of any commercial or noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.
(d) 
Distribution of handbills on uninhabited/vacant private premises prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are uninhabited or vacant.
(e) 
Distribution of handbills where prohibition properly posted. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such commercial or noncommercial handbills left upon such premises.
(f) 
Distributing handbills at private premises; exceptions.
(1) 
No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, that, except where the premises are posted as provided in this local law or where anyone upon the premises requests otherwise, a person may place or deposit any such commercial or noncommercial handbill in or upon such private premises, if such handbill is contained in a plastic bag no greater than six inches in width and if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law or regulations.
(2) 
The provisions of this chapter shall not apply to the distribution of mail by the U.S. Post Office or to newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
[L.L. No. 4-2009]
This is an unlisted action not identified as a Type I or Type II action.
[L.L. No. 4-2009]
If any part of this local laws is held invalid by a court of competent jurisdiction, the remainder thereof shall not be affected.
[L.L. No. 4-2009]
This local law shall not be deemed to repeal, amend or modify any existing local law under Village Code Chapter 10 or otherwise, either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants, or any person using the public streets or places for any private business or enterprise, or for commercial sales, not covered herein.[1]
[1]
Editor's Note: Former § 10-36, Penalty, adopted by L.L. No. 4-2009, which immediately followed this section, was repealed by L.L. No. 2-2026.